What Is BNSS Section 336?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 336: Evidence of public servants, experts, police officers in certain cases

Where any document or report prepared by a public servant, scientific expert, medical officer, or investigating officer is purported to be used as evidence in any inquiry, trial or other proceeding under this Sanhita, and—

• (i) such public servant, expert or officer is either transferred, retired, or died; or
• (ii) such public servant, expert or officer cannot be found or is incapable of giving deposition; or
• (iii) securing presence of such public servant, expert or officer is likely to cause delay in holding the inquiry, trial or other proceeding,

the Court shall secure presence of successor officer of such public servant, expert, or officer who is holding that post at the time of such deposition to give deposition on such document or report.

Brefe Detail

This section addresses the admissibility of documents or reports from public servants, experts, or police officers in legal proceedings when these individuals are unavailable. It ensures that a successor officer can provide testimony on such evidence to avoid delays in the judicial process.

Question & Answers

Q: What happens if the original public servant, expert, or officer is unavailable?

A: The court will secure the presence of the successor officer holding the position at the time of the deposition to provide evidence on the document or report.

Q: In what situations can a successor officer provide evidence?

A: A successor officer can provide evidence if the original officer is transferred, retired, deceased, cannot be found, or is incapable of giving deposition.

Q: Why is the successor officer's presence necessary?

A: Their presence is necessary to avoid delays in the inquiry, trial, or proceeding.

Example

• If a medical officer who prepared a report has retired, the court will call the current medical officer in that position to testify regarding the report.
• If a scientific expert has passed away, the court will obtain testimony from the successor expert who holds the same position.

Summary

Section 336 of the Bharatiya Nagarik Suraksha Sanhita, 2023, ensures that documents or reports from public servants, experts, and police officers remain admissible in court, even when the original preparers are unavailable. It mandates the testimony of successor officers to maintain the continuity of evidence and avoid procedural delays.